In Germany, there are still no court decisions concerning Section 313 and the COVID-19 crisis. However, in the German legal literature, there is an ongoing debate on this subject, and the prevailing opinion of COVID-19 and its implications is an “unpredictable, uncontrollable, unprecedented event” that gives a valid reason for the application of Section 313. A section 313 right does not result in the termination of a contract or a result that allows an airline to suspend its payments altogether. On the contrary, it will result in an adjustment of certain payment obligations that would take into account the interests of both parties. The possible results are multiple and depend on the actual provisions of the OAR agreement and the bargaining power of each party, as these cases will rarely be brought to justice. Sources said the MOC has until October 31 to sign the new agreement or to lose access to Airbus data. Contract rights for the adjustment of payment obligations in PBH agreements Under long-term maintenance, repair and overhaul (MRO) contracts, airlines normally have to pay a certain rate per hour of flight (i.e. power-by-the-hour fare) in order to obtain maintenance and repair services for engines or other components, or simply have access to a certain spare part. The new tax could encourage MPs to stop using Airbus World or pass on fees to airlines that oppose it because they have also paid Airbus` IP address when they buy planes. Having worked and presided over Airbus products during my tenure at the FAA, I am not surprised, caution is here, where Airbus receives this data, and they permeate the data before passing it on to ESA. In the past, my airbus/ATR team and I have cheated and failed to comply with the spirit of the rule (compliance) EASA is better than the past (DGAC) with new processes and procedures that are responsible for compliance with regulations. However, in saying that their royalties are largely a-line (EU Union debt) the BASA should not take into account for this BUT. If an MRO agreement (regulated by German law) requires an airline to pay a monthly or annual minimum or if the payment of PBH relates to scheduled and non-actual flight hours and the contract does not contain a contractual provision on the adjustment of the airline`s payment obligations, the airline may base its right to payment adjustment – with respect to the effects of COVID-19 – on Section 313 of the Civil Code.
However, during the COVID 19 pandemic, most airlines stopped operating for an extended (or near) period. In the case of an MRO agreement that calculates PBH fares on the basis of scheduled flight times or requires a minimum monthly or annual payment, airlines may adjust these payment rules to the period during which the fleet was grounded. Therefore, a well-negotiated PBH agreement should contain other provisions to adjust payment obligations under certain conditions. First, the assumptions of the parties on which the specific PBH rate is based should be included in the contract. Second, if the parameters adopted are changed, the SAR agreement should have an impact on payment obligations. The changes include the flight time report or engine discharge rate, as well as fleet changes due to the gradual boarding and disembarkation of aircraft. These changes may affect the effective PBH rate paid, but a fleet reduction or extended grounding may also affect the supposed flying hours flown over a period of time. Airbus World is the OEM platform used by approximately 250 MMOs to access technical documents and support Airbus aircraft. The aircraft manufacturer states: “Based on the solutions selected by the MRO and/or delegated by the operator or owner of the aircraft, the company can have access to more than 30 applications.” The OEM says the fees it charges are confidential. Many OAR agreements contain a provision that defines certain circumstances that are considered a force majeure event, which one or both p